Liquor sales by wholesalers, delivery price
A licensed liquor wholesaler must sell and deliver alcohol to a store at the price set for that month. Orders normally have to be for the same month, but in the last five business days of a month, a wholesaler can take orders for the next month. If a product is being discontinued, a wholesaler can sell it to stores below cost, but has to label it as 'close-out' for at least six months in a row and cannot buy more of that product while it has that label.
311.335. Liquor sales by , price — — sale of permitted, when. — 1. Any licensed to sell and wine containing alcohol in excess of five percent shall such intoxicating liquor and wine to a at the price in effect for that month in which the delivery occurs.
2. Such wholesaler licensed to sell intoxicating liquor and wine containing alcohol in excess of five percent by weight shall not take an for delivery in a month subsequent to the month in which the order is taken, provided that during the last five s of each month, orders may be taken for delivery in the following month at the price in effect for that following month and provided, further, that for any order received within the last five business days of a month, the wholesaler may, with the of the retailer placing such order, deliver such order to the retailer within the first five business days of the month following the month in which the order was received by such wholesaler at the price in effect for the month in which the order was placed. Such order received within the last five business days of a month and delivered within the first five business days of the subsequent month shall be known as a "delayed shipment". A delayed shipment shall be delivered on the last business day of the month in which the order was received for purposes of implementing and enforcing of the relating to , discounts and ordinary commercial terms.
3. Any wholesaler licensed to sell and wines containing alcohol in excess of five percent by weight shall be allowed to offer for sale intoxicating liquors or wines containing alcohol in excess of five percent by weight to persons to sell intoxicating liquors and wines at prices which are below the wholesaler's cost only if such intoxicating liquors and wines are to be close-out merchandise. Wholesalers shall intoxicating liquors and wines containing alcohol in excess of five percent by weight to be close-out merchandise by identifying them such as close-out items when providing monthly pricing to retailers as required in section 311.333. A wholesaler shall not purchase any intoxicating liquor or wine containing alcohol in excess of five percent by weight while such intoxicating liquor or wine is designated as close-out merchandise. Intoxicating liquors or wines containing alcohol in excess of five percent by weight that are designated as close-out merchandise shall be designated as close-out merchandise for not less than six months. After such time, a wholesaler may remove items from close-out designation by no longer identifying them as close-out items when providing monthly pricing information to retailers as required in section 311.333.
Tap any gold-underlined word to see what it means.
Red section numbers link to that law.
Source & history notes
(L. 1998 H.B. 1705 § 1, A.L. 2009 H.B. 132)
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.